No. 21-5447

Nicholas Edwards v. Derek Oberlander, Superintendent, State Correctional Institution at Forest, et al.

Lower Court: Third Circuit
Docketed: 2021-08-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: compulsory-process criminal-procedure due-process identification-evidence ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice procedural-default sixth-amendment
Key Terms:
HabeasCorpus
Latest Conference: 2021-09-27
Question Presented (from Petition)

1. WHETHER THE U.S. COURT OF APPEAL ERROR IN NOT FINDING
PETITIONER WAS NOT PREJUDICED BY TRIAL COUNSEL FAILURE TO CALL
WITNESSES P/O OFFICER WHO WOULD HAVE IMPEACH IDENTIFICATION
EVIDENCE, AND COUNSEL FAILED TO IMPEACH THE EYEWITNESS WITH
POLICE REPORTS THAT PROVE HIS INNOCENCE , OF MISCARRIGE OF JUSTICE.

2. WHETHER THE U.S. COURT OF APPEAL ERROR THAT PCRA COUNSEL'S
INEFFECTIVENESS CONSTITUTES CAUSE AND PREJUDICE TO PETITIONER
PROCEDURAL DEFAULT OF HIS TRIAL COUNSEL INEFFECTIVE ASSISTANCE.

3. WHETHER PETITIONER SHALL ENJOY THE RIGHT TO HAVE COMPULSORY
PROCESS OBTAINING WITNESS IN HIS FAVOR AND TO HAVE THE ASSISTANCE
OF COUNSEL FOR HIS DEFENCE UNDER THE SIXTH AMENDMENT.

Question Presented (AI Summary)

Whether the U.S. Court of Appeal erred in not finding petitioner was not prejudiced by trial counsel's failure

Docket Entries

2021-10-04
Petition DENIED.
2021-09-09
DISTRIBUTED for Conference of 9/27/2021.
2021-09-07
Waiver of right of respondent Oberlander, Supt., Forest, et al. to respond filed.
2021-08-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2021)

Attorneys

Nicholas Edwards
Nicholas Edwards — Petitioner
Oberlander, Supt., Forest, et al.
Nancy WinkelmanDistrict Attorney's Office, Respondent